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Old 09-13-2007, 05:58 PM   #1 (permalink)
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ASA CA Weekly Alert 9/13/07

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ASA California Weekly Alert September 13, 2007
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*Make Sure We Stay On Top of It:* If you wish to have a medical cannabis event, meeting, federal trial, and/or city or county hearing listed in the ASA CA Weekly Alert, please send information to Sonnet@AmericansforSafeAccess.org no later than Thursdays by 3:00pm. *
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*Weekly Round-Up*
1. a. ASA and Medical Cannabis Community Achieve Big Court Win for Collectives
b. In Wake of a Tragedy, San Mateo Activists Unite and Take a Stand

*Special Announcements*
2. a. Save the Date! National Mobilization in L.A., October 11, at the Governor's Office
b. ASA Launches Exciting New Discussion Forums

*ASA's Legal Tip of the Month*
3. Tips for Safer Cultivation

*ASA Chapter and Affiliate Meetings*
4. Tuesday, September 18, Sacramento: Sacramento ASA Meeting
5. Wednesday, September 19, Newport Beach: Orange County ASA Meeting
6. Wednesday, September 19, San Francisco: Combined Bay Area Emergency Raid Response Follow Up Meeting
7. Thursday, September 20, Arcata: Humboldt County ASA Meeting
8. Saturday, September 22, Los Angeles: Los Angeles ASA Meeting
9. Tuesday, September 25, San Francisco: San Francisco ASA Meeting
10. Wednesday, September 26, Oakland: East Bay ASA Meeting
11. Thursday, September 27, Fort Bragg: ***Rescheduled Mendocino ASA Meeting***
12. Thursday, September 27, Clearlake: Lake County ASA Meeting

*City and County Hearings*
13. Tuesday, September 25, Santa Barbara: City Council To Discuss Dispensary Moratorium

*Court Support*
14. Friday, September 14, Sacramento: ***Rescheduled Federal Resentencing Hearing for Bryan Epis***
15. Monday, September 24, Sacramento: Federal Status Conference for Jeff Sanderson*
*
*Special Events*
16. Saturday, September 15, Los Angeles: Los Angeles Medical Marijuana Expo
17. Wednesday, September 19, Sacramento: 5th Occasional Medical Marijuana Comedy Benefit for ASA
18. Wednesday, September 19, Fresno: Safe Access Now Fresno Organizing Meeting
19. Thursday, October 11, Los Angeles: Special National Mobilization Calling on Governor Schwarzenegger to Take a Stand for Compassion in California!

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Weekly Round-Up
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1. a. ASA and Medical Cannabis Community Achieve Big Court Win for Collectives
b. In Wake of a Tragedy, San Mateo Activists Unite and Take a Stand

a. ASA and Medical Cannabis Community Achieve Big Court Win for Collectives

ASA and the medical cannabis community won another important victory in court last Thursday when we defeated an effort to dismiss an ASA lawsuit aimed at overturning Butte County's ban on the collective cultivation of medical cannabis.

Superior Court Judge Barbara Roberts ruled that seriously ill patients cultivating collectively, "should not be required to risk criminal penalties and the stress and expense of a criminal trial in order to assert their rights." Judge Roberts' ruling also rejected Butte County's policy of requiring all members to physically participate in cultivation, thereby allowing collective members to "contribute financially."

Back in May 2006, ASA filed a group lawsuit on behalf of a 7-person private patient collective, seeking declaratory and injunctive relief, as well as damages and attorneys fees. After a September 2005 warrantless search of his home in Paradise by the Butte County Sheriff's Department, cultivator David Williams was forced to uproot and destroy more than two dozen plants or face arrest and prosecution. "We were told that it was not lawful to grow collectively for multiple patients," said collective member, David Williams.

Judge Roberts found that "the destruction of plaintiffs' property was improper" if, in fact, the collective was valid under state law. "The next step," according to ASA Chief Counsel Joe Elford, "is to show that Williams was running a valid collective. At that point, the court is expected to make a final determination consistent with yesterday's ruling, which strongly vindicates the right of medical marijuana patients to associate together to grow the medicine they need."

ASA was compelled to file the Williams lawsuit after receiving repeated reports of unlawful behavior by Butte County law enforcement, as well as by other police agencies throughout the state. After uncovering Butte County's de facto ban on medical marijuana patient collectives, ASA decided to pursue the case to show that collectives and cooperatives are protected under state law. "The ruling not only affirms ASA's position that civil court is an 'appropriate forum to address the issues of medical patients' rights,'" said Elford. "It also sends a clear message to local law enforcement in California that they must respect the rights of patients to cultivate collectively."

Read the Butte County Superior Court ruling from September 6, 2007. <http://www.safeaccessnow.org/downloads/Butte_County_Ruling.pdf> You can also read more about the lawsuit in the /Chico

b. In Wake of a Tragedy, San Mateo Activists Unite and Take a Stand

Two weeks ago, DEA agents raided three medical cannabis dispensaries in San Mateo, shutting down access for patients. The three dispensaries that were raided were forced to close and the remaining dispensary in San Mateo, Holistic Solutions, voluntarily closed the day of the raids.

The District Attorney's office reported the dispensaries to the DEA after one of the dispensaries legally contested a "cease and desist" order. Rather than going to the state court, which recognizes medical cannabis collectives, the DA chose to turn the collective over to the federal government, an action that ultimately resulted in the raids.

In response to the blatant attack on safe access and states' rights, San Mateo ASA and local advocates launched a campaign calling on the San Mateo City Council and San Mateo County's Board of Supervisors to protect patients and providers, pass non-cooperation resolutions, and begin establishing dispensary regulations. The non-cooperation ordinances would put an end to local law enforcement's involvement in federal raids against state-sanctioned medical cannabis dispensaries.

San Mateo ASA coordinated with the community to make dozens of calls to City Council and Board of Supervisor members, send hundreds of e-mails, and organize dozens of activists to attend both the City Council and Board of Supervisors meetings to testify during public comment. Through their hard work and immediate action, San Mateo activists successfully convinced the Board of Supervisors to begin preparing guidelines to regulate dispensaries in San Mateo County. This is a huge step forward in bringing safe access back to San Mateo and creating protections for patients and providers in the county. Great work to all the patients, supporters, and concerned citizens who worked on this campaign!

To read more about the Board of Supervisors' decision to create guidelines, read the San Mateo Times' articl <http://www.insidebayarea.com/search/ci_6860212?IADID=Search-www.insidebayarea.com-www.insidebayarea.com>e. <http://www.insidebayarea.com/search/ci_6860212?IADID=Search-www.insidebayarea.com-www.insidebayarea.com>

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Special Announcements
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*2. a. Save the Date! Statewide Mobilization in L.A., October 11, at the Governor's Office
b. ASA Launches Exciting New Discussion Forums*


a. Save the Date! Statewide Mobilization in L.A., October 11, at the Governor's Office

Americans for Safe Access has launched a new pressure campaign, calling on Governor Schwarzenegger to "/*Stand Up for Patients' Rights: Defend California's Medical Marijuana Laws.*/"

We are calling on Governor Schwarzenegger to defend the rights of medical cannabis patients and caregivers and the will of the voters in California by standing up to the Bush Administration. Click here <http://www.AmericansforSafeAccess.org/StandUpAction> to take action immediately.

Our goal is to create a tipping point for pressuring the governor by organizing a mass mobilization on Thursday, October 11th, to Governor Schwarzenegger's office in Los Angeles. There, we will invite the governor to publicly stand up to the Bush administration, calling on them to end the attacks on patients and providers.

Over the next several weeks, ASA will be calling on all of the medical marijuana supporters in California to take action with four action items. A description of each item can be found at www.AmericansforSafeAccess.org/StandUp. We are asking our California members and supporters to *Save the Date!** National Mobilization to the Governor's Los Angeles Office, October 11th*.

For more information on the event and/or to sign-up to volunteer for the event, contact Sonnet: Sonnet@AmericansforSafeAccess.org.

b. ASA Launches Exciting New Discussion Forums


ASA is excited to announce an exciting new form of web communication, ASA's
Online Forums. The forums will provide the medical cannabis movement a public
space for communication, discussion, and news around medical cannabis issues.
We are going to kick off this new service with several state and regional
forums, ASA's Online Media Buzz, and ASA Action Network. Click here to sign up
to join the forums. <http://safeaccessnow.org/punbb/index.php>

These three forums are just a start, and we currently have plans to create at
least a dozen different forums. We ultimately plan to change all of our regional
and patient union discussion listservs to announcement-only lists and replace
each one with a forum. Our goal is to complete the transition from discussion
listservs to forums by October 15th.

ASA staff and volunteers will be moderating the forums. Please sign up today to
join the discussion forums. <http://safeaccessnow.org/punbb/index.php>

If you have any technical difficulties, please contact our tech guru, Paul:
Paul@AmericansforSafeAccess.org <mailto:Paul@AmericansforSafeAccess.org>. For
any non-tech related questions or comments please contact Sonnet:
Sonnet@SafeAccessNow.org <mailto:Sonnet@SafeAccessNow.org>.

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ASA's Legal Tip of the Month
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*3. Tips for Safer Cultivation

Prop 215 & SB 420 guarantee qualified patients the right to possess, cultivate, and transport their medicine & plants. However, in practice, patients who cultivate often tend to run afoul of landlords, neighbors, and law enforcement because of ignorance of the law, willful refusal to enforce it, and patient irresponsibility. Here are some tips for safer cultivation to assist in avoiding confrontation.

* Cultivating indoors is safer because it avoids nosy neighbors and reduces
risk of theft.
* Post all recommendations in plain view and try to stay under the local
guidelines, as your condition allows. Keep a copy of your medical records
and paperwork off-site.
* If you need to exceed the local guidelines, ask your doctor for a written
exemption on your recommendation.
* Fewer plants attract less attention from thieves and hostile law
enforcement, so grow what you need. Compost or eliminate trash offsite.
* Use extra odor-control methods during harvest to avoid offending neighbors.
* 1 (or more) Caregiver(s) + 1 Patient may collectively cultivate only what
the 1 recommendation authorizes.
* Regarding the Default County Guidelines (8 oz. of medicine + 6 mature OR
12 immature plants), please note that 1 patient may possess EITHER the
mature plants OR the immature plants. Thus, it is safest to cultivate only
what will produce an expected yield of mature plants that remains within
the guidelines.
* When cultivating collectively, count the recommendations and DO THE MATH
to determine your capacity of mature or immature plants. The DEA is more
interested in sites that exceed 99 plants.

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ASA Chapter and Affiliate Meetings
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*4. Tuesday, September 18, Sacramento: Sacramento ASA Meetings

*Please join Sacramento ASA as we gear up for the California response campaign, discuss local court support, and hear updates on local, statewide, and national medical marijuana issues.

When: Tuesday, September 18th at 7:00 p.m.
Where: Crusaders Hall
320 Harris Avenue, Suite H
Sacramento, CA

For more information, contact Lanette: cannacare@earthlink.net.

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*5. Wednesday, September 19, Newport Beach: Orange County ASA Meeting

Join us at the Orange County ASA chapter meeting next Wednesday. Safe access is under attack in several Orange County cities and towns and we need medical marijuana supporters to come out and help us protect patients and providers!

When: September 19th @ 7:00pm
Where: Law Offices of WENTWORTH, PAOLI & PURDY, LLP
4631 Teller Avenue, Suite 100
Newport Beach, CA 92660

For more information, contact Bill: OCLawyer@aol.com.

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*6. Wednesday, September 19, San Francisco: Combined Bay Area Emergency Response
Follow Up Meeting

*Join San Francisco ASA and East Bay ASA at our emergency response planning
meeting. Last month, members from San Francisco and East Bay ASA chapters
gathered to put together a comprehensive emergency response plan in case of a
DEA raid in the Bay Area. We strongly encourage all ASA chapter members in the
SF Bay Area to join us. While we hope the DEA raids have stopped, we need to be
prepared for future attacks.

What: Combined Chapter Emergency Response Planning Meeting
When: Wednesday, September 19th, 7:30-9:00pm
Where: The Women's Building on 18th st between Valencia and Guerrerro Street.
Just 3 1/2 blocks from the 16th and Mission Bart Stop!

For more information, contact Sonnet: Sonnet@AmericansforSafeAccess.org.

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*7. Thursday, September 20, Arcata: Humboldt County ASA Meeting

*Please join the newly formed Humboldt County ASA chapter as we join together to
promote protection for patients and providers, safe access in our county, and
build support and awareness in our community. If you are a medical marijuana
supporter, please come out and show your support. *

*Humboldt County ASA Meeting:
When: Thursday, Sept. 20, at 7:00pm (the 3rd Thursday of every month!)
Where: Mosgo's Coffee House (180 Westwood Shopping Center off Alliance Rd.) in
Arcata.

For more info, contact: HumboldtASA@gmail.com

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*8. Saturday, September 22, Los Angeles: Los Angeles ASA Meeting

Please Join ASA Los Angeles as we discuss the following topics this month:

A. Gubernatorial Call to Action
B. Local POW Update
C. LA Regulatory Update
D. Other Announcements

When: Saturday, September 22nd, 1:00pm-3:00pm
Where: The Patient ID Center
470 South San Vicente
Los Angeles, CA
Between Wilshire and 3rd Street

For more information: Chris.Fusco@AmericansforSafeAccess.org.



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*9. Tuesday, September 25, San Francisco: San Francisco ASA Meeting

Join SF ASA to discuss the recent Planning Commission Hearings, follow up on our Emergency Response plan, and discuss outreach and mobilization for the California mobilization to the Governor's office. Get active locally to protect safe access in your community, California, and beyond!

When: Tuesday, September 25th at 7:30pm
Where: Bowzer's Pizza, 371 11th St in San Francisco

For more information, contact Alex: aaafranco@yahoo.com.

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*10. Wednesday, September 26, Oakland: East Bay ASA Meeting

Join East Bay medical cannabis supporters, patients, and activists at our next meeting! We will be doing important follow up on our Emergency Response plan and begin planning for the statewide mobilization calling on Governor Schwarzenegger to stand up and protect patients' right!

Please join us! Refreshments will be served.

When: Wednesday, September 26 @ 7 pm

Where: Americans for Safe Access Headquarters
1322 Webster Street, Suite 402, Downtown Oakland
Just a couple blocks from the 12th Street BART station!

For more information or to get involved, contact Rebecca: Rebecca@SafeAccessNow.org or 510-251-1856 x 308

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*11. Thursday, September 27, Fort Bragg: ***Rescheduled Mendocino ASA Meeting***

If you have decided you can no longer sit back and watch the federal government continue its campaign against cannabis therapies in this country or if you want to engage your local government in creating sane polices for cannabis patients and patient's access to cannabis, please attend this meeting!

When: Thursday, September 27th at 6:00pm
Where: Herban Legends
18300 Old Coast Hwy # 3
Fort Bragg, CA 95437

For more information, contact Sonnet: Sonnet@AmericansforSafeAccess.org.

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*12. Thursday, September 27, Clearlake: Lake County ASA Meeting*

Please Join Lake County ASA's Clearlake meeting this month. We will be planning our Lake County giving updates on all of our tabling events in August and September and plan Lake County's participation in the Governor Schwarzenegger: Stand Up for Patients' Rights campaign. All medical cannabis supporters are welcome!

When: September 27th: 6:00pm
Where: D&M Compassion Center, 15196 Lakeshore Dr., Clearlake

For Additional information, contact Donna: LakeCoASA@msn.com.

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City and County Hearings
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*13. Tuesday, September 25, Santa Barbara: City Council To Discuss Moratorium*

On Tuesday, September 25th, Santa Barbara City Council will discuss a proposed ordinance that impose a moratorium on dispensaries for six months, or until the city creates an ordinance regulating medical cannabis dispensing collectives. Please come out and show your support for safe access in Santa Barbara.

When: Tuesday, September 25th at 2:00pm
Where: City Council Chambers
City Hall
100 E Carrillo St. Santa Barbara, CA

Download ASA talking points <http://www.safeaccessnow.org/article.php?id=2717> on dispensary regulations, moratoriums and bans.

For more information, contact Sonnet: Sonnet@AmericansforSafeAccess.org


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Court Support
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*14. Friday, September 14, Sacramento: ***Rescheduled Federal Resentencing Hearing for Bryan Epis***

Please note the date change for Bryan Epis' resentencing hearing, yet again, from Monday, September 10th to Friday, September 14th.*

Bryan Epis was the first medical marijuana patient convicted in federal court after the passage of California's Proposition 215. Epis was arrested June 25, 1997, after Butte County sheriff's officers discovered marijuana plants growing in the basement of his home in Chico. Epis was released on bail August 9, 2004, pending his appeal, and is currently awaiting his re-sentencing by the District Court. See Vanessa Nelson's article <http://www.medicalmarijuanaofamerica.com/content/view/67/60/> for more information.

When: Monday, September 10th at 10:00am
Where: Courtroom of Judge Frank C. Damrell, Jr. U.S. District Court (E.D., CA), 15th Floor
501 "I" Street, Sacramento, CA

For more information, contact Sonnet: Sonnet@AmericansforSafeAccess.org

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*15. Monday, September 24, Sacramento: Federal Status Conference for Jeff
Sanderson

On August 14, 2006, a local-federal task force arrested Plumas County patients
Jeff Sanderson (who also serves as a caregiver for nine other patients) & Alice
Wiegand in a raid for allegedly growing more than 260 plants. Though they were
released from Plumas County jail within several days, on September 5, 2006,
Sanderson was rearrested by federal agents and is being prosecuted on federal
charges of manufacturing and conspiracy to manufacture more than 100 marijuana
plants. Authorities confiscated all of the plants and medicine, and have
initiated asset forfeiture proceedings on their home and family farm. Sanderson
is currently out on bail pending trial.

When: Monday, September 24th at 10:00am
Where: Courtroom of Judge Frank C. Damrell, Jr. U.S. District Court (E.D., CA),
15th Floor, 501 "I" Street, Sacramento, CA

For more information, contact Sonnet: Sonnet@AmericansforSafeAccess.org.

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Special Events
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*16. Saturday, September 15, Los Angeles: Los Angeles Medical Marijuana Expo

Join over 1,000 medical marijuana patients, caregivers, providers, and
supporters for LA's largest medical marijuana event! Don't miss this full day of
live music, special guest speakers, medical cannabis exhibitors, comedy, and
more! Come hear guest speakers including West Hollywood Mayor John Duran
<http://www.weho.org/index.cfm/fuseaction/detail/navid/16/cid/5010/>, The "Guru
of Ganja," Ed Rosenthal <http://www.quicktrading.com/abouted.html>, Medical
Marijuana pioneer, Dennis Peron <http://pdr.autono.net/DennisPeron.html>, and
music by Bobby Hardy, Norman A. Norman
<http://www.myspace.com/whoaretheluchadoors>, the LuchaDoors
<http://profile.myspace.com/index.cfm?fuseaction=user.viewprofile&friendid=213 921601>,
and more!
<http://www.weho.org/index.cfm/fuseaction/detail/navid/16/cid/5010/>Join ASA and
medical marijuana supporters at the 2nd Annual LA County Medical Marijuana
Exposition & Patients Festival!

Volunteers for the ASA table are needed. Call Don or Chris at (323) 882-6766.

When: Saturday, September 15 @ 11:00 AM to 9:00 PM -
Where: West Hollywood Park Auditorium
<http://www.mapquest.com/maps/map.adp?searchtype=address&country=US&addtohistory =&searchtab=home&formtype=address&popflag=0&latitu de=&longitude=&name=&phone=&level=&cat=&address=64 7+n.+san+vicente+blvd.&city=west+hollywood&state=c a&zipcode=>
647 N. San Vicente Blvd., West Hollywood (Between Sunset Blvd. and
Melrose Ave.)

For more information, contact Don or Chris: DonDuncan@yahoo.com or
ChrisFusco@AmericansforSafeAccess.org.

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*17. Wednesday, September 19, Sacramento: 5th Occasional Medical Marijuana
Comedy Benefit for ASA

*What: A fantastic benefit comedy show for ASA. This show has been produced
over ten times in San Francisco, once in Los Angeles, and only one other time in
Sacramento. This comedy fest is bigger, better, and will feature a whole lotta
laughs!

Proceeds to benefit Americans for Safe Access

Ticket cost: $15.00 pre-sale, $20.00 at the door

When: Wednesday, September 19th. Show starts at 8pm sharp.
Where: The Punch Line Comedy Club
2100 Arden Way in Sacramento
What: A fun opportunity for you to support ASA and laugh your head off at the
same time!

For more information, contact: 916-925-883.

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*18. Wednesday, September 19, Fresno: Safe Access Now Fresno Organizing Meeting*

Join Safe Access Now in Fresno as we begin organizing to increase safe access and protect patients and providers in the Fresno area. We need your help to move forward in Fresno.

What: Safe Access Now Organizing meeting:
When: September 19, 2007 - 6:00 -- 8:00pm
Where: Fig Regional Library meeting room
3071 West Bullard Ave. (at N. Marks)
Fresno, CA 93711.

For more information, contact: (559) 438-4071

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*19. Thursday, October 11, Los Angeles: Special Statewide Protest Calling on Governor Schwarzenegger to Take a Stand for Compassion in California!*

On Thursday, October 11, 2007, ASA is calling on individuals and organizations that support medical cannabis to join us in a statewide mobilization to the Governor's office in Los Angeles. Plan to attend this historic event and reach out to the individuals and organizations you know and/or are active in to help get people to Los Angeles on October 11.

You can help by distributing flyers and posters, posting the event on online calendars, and putting it on the agenda for organizational meetings. You can download a flyer (in .pdf format) at http://www.AmericansforSafeAccess.or.../StandUpPoster right now! The LA ASA Chapter and other ASA Chapters throughout the state will be hosting the event organizing meetings throughout the state. Volunteers are needed right away! Please contact Sonnet: Sonnet@AmericansforSafeAccess.org to sign up to volunteer to help organize the event!

When: Thursday, October 11 @ 12:00 PM
_*"Stand Up for Patients' Rights: Defend California's Medical Marijuana Law"*_
Statewide mobilization to the Governor's office in Los Angeles!
300 S. Spring St., Downtown Los Angeles

For more information, go to www.AmericansForSafeAccess.org or call toll free (888) 929-4367.

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